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When It Is About The Eminent Domain

7/2/2016

9 Comments

 
Clean Line Grain Belt Express spokesman Mark Lawlor, when discussing his company's recent re-application to the Missouri Public Service Commission, told KMBZ:
Lawlor says this "isn't about eminent domain," which is one of the worries of many who live along the proposed route.  

"We will sit down with every single landowner and negotiate with them on the unique nature of their property. In fact we've been doing that for a couple years now."
If that were true, then there would be no need for eminent domain authority. 

Except the application GBE filed on Thursday stated:
What happens if a landowner doesn’t want to negotiate with Grain Belt Express?

The Company is allowing sufficient time for negotiations with each individual landowner along the route. Grain Belt Express is committed to conducting easement negotiations in a manner that respects the private property rights of landowners and achieves a voluntary easement acquisition. The Company is also committed to working with landowners to minimize the impacts of the Project upon their property. In order to ensure that infrastructure projects in the public interest can be completed, the entities building them need the right to condemn certain easements, particularly in cases of parcels that have title issues, parcels with missing or unlocatable landowners or heirs, or parcels where landowners refuse all reasonable attempts at contact or negotiation. Grain Belt Express views the use of eminent domain as a last resort that is appropriate only after exhausting all reasonable attempts at voluntary easement acquisition and title curative work. In all cases, landowners are entitled to due process and payment of fair market value for any easement acquired, and will retain ownership of their land.


So, no matter how many "landowner protections" Clean Line pretends to dream up, there's only one landowner protection that actually protects the landowner.

THE RIGHT TO SAY NO.

And IT IS ABOUT THE EMINENT DOMAIN to the landowners.

In fact, the eminent domain is at the heart of the opposition to this project.

Without eminent domain, Clean Line would have to:
...sit down with every single landowner and negotiate with them on the unique nature of their property.
But Clean Line doesn't even want to attempt that without having the right to condemn to use as leverage.

None of Clean Line's "landowner protections" will protect you.
9 Comments
Not no but Hell no
7/2/2016 05:49:24 pm

The fight has to be over "public interest." Landowners will have a much easier case to make to other potential allies by arguing something isn't needed; if Clean Line (and others of that ilk) is able to snow the public at large on that, the landowners will be fighting a lonely battle.

Reply
Aunt Bee link
7/2/2016 06:02:41 pm

Well now, isn't that quaint? "Clean" Line testimony at the Illinois Commerce Commission was that individual "negotiations" for conditions and PRICE were cookie cutter….. Mmmmm. And it's never really "negotiations" with the threat of eminent domain lurking in the background.

Reply
Aunt Bee link
7/2/2016 06:07:05 pm

Sorry, Hell no, I would have to respectfully disagree. With the "Clean" Line private spec companies out for investor profit (and that includes Smelly, Desai, and Jimmy Glotfelty), it's all about the abuse of eminent domain to subsidize corporate/investor profits for market-based projects that utterly fail to prove NEED.

Reply
Hell no!
7/3/2016 05:12:14 am

But that's my point. If landowners don't challenge the need question, they are effectively "conceding" a project is needed - that makes the eminent domain argument harder to fight, because the companies can claim it's "in the public interest." And it makes it easier for the companies to paint opponents as NIMBYs, or Luddites, or just greedy people looking for a big payday.

That's why I say you have to start at fighting claims of necessity.

Reply
Keryn
7/3/2016 05:25:24 am

Company has the burden of proof. Landowners have challenged claims of "need." "Need" is a whole different animal than you're used to in the case of a market-based merchant transmission project.

Janna Swanson
7/3/2016 12:12:59 pm

Without CLEP is there anyone who won't have electricity? NO. Will they be servicing any areas that cannot make their own renewable electricity? NO.

Reply
Captain Trips
7/6/2016 10:15:22 am

When Clean Line started (circa 2010?) everyone thought that demand would rebound to pre-recession levels. That's not what happened. DOE energy efficiency standards have been promulgated at an ever increasing pace. Demand is not coming back. Every utility in the east has been lowering their load forecasts every year. With gas/oil prices so low, electric cars are not an economic option. Only a national ban on natural gas fracking would make this transmission line necessary.

In this case eminent domain has put a price cap on the value of land..... what Clean Line wants to pay.

Reply
Keryn
7/6/2016 01:34:23 pm

Well, how-de-doo, Captain! Nice to have you back aboard! We've been adrift without you.

I agree with your comment, and add that since Clean Line is a market-based project, its profits are determined by market. When land acquisition is price capped by eminent domain, it makes building the project cheaper. Although the market-based transmission rates Clean Line may negotiate with potential customers will stay the same, whether eminent domain or free market negotiation is used to acquire land. Cheaper land = bigger profits for Clean Line. A market based, field of dreams, participant-funded project should have to play in that same market to acquire land rights. That's all the opposition has ever asked. Instead of treating landowners like partners deserving of respect, Clean Line treated them badly, and wasted millions of dollars on failed permitting, buying advocates, lobbying, and propaganda. The millions they've wasted already, could have been used so much more effectively building landowner relationships based on honesty and trust from the start.

Only Cher can turn back time.

Reply
Jim
7/20/2016 01:59:06 pm

This last year our rural electric coop had a deficit of $350,000 due to decreased usage , with people up grading to engery efficient appliances , a/c , heating and led lighting . usage could keep dropping .

Reply



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    About the Author

    Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
    In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history.

    About
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


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